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HomeMy WebLinkAboutZBA-06/20/2002APPEA[,S ,BOARD MEMBERS gerard P. Goehringer, Chairman 6,,,}1970~4, LydiaA. Torlora q [kJ"[~r~, 0fi'~ George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road PO. Box 1179 Somhold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork,net Prepared 6/7 6:15 p.m. Call to Order. Agenda Thursday, June 20, 2002 Regular Meeting 1. STATE ENVIRONMENTAL OUALITY REVIEWS/DETERMINATIONS (SEORA}: ~.~ lppl. No. 5135. Michael and Kathy Perivolaris. Porch setback. Appl No. 5132. Jose and Ivonne Hernandez. Accessory garage location. Appl. No. 5130. Clifford and Reaan Batuello. Accessory swimming pool location. Appl. Appl. l. ppl. No. 5118. )pl. No. 5126. nppl. No. 5125. Appl. No. 5124. Appl. No. 5123. Appl. No. 5127. Appl. No. 5115. Appl. No. 5111. Appl. No. 5116. No. 5131. John C. and Margaret Bi~,liane. Tennis court setback. No. 5133(A). Peter and Mary Jacrlues. Lot area variance for two principal uses. Donna M. Cook. Addition setbacks. John and Sarah Miller. Addition setback. J. and E. Brittman. Addition/setbacks. Helen Sakatos a/Ida Eleni. Waiver to Unmerge. Michael and Cathy Lehrhoff. Additions, for front and rear setbacks. Nextel (A. June!e). Accessory equipment shelter structure yard location. K. and P. Johnson. Accessory garage location. Esther J. Rotella. Accessory garage location. Clifford Polacek. Front yard and lot coverage for additions. Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5117. Lucas Ford. Four signs. Appl, No. 5119. G. add M. Kokkinos. Special Exception for a second apartment. HB Zone. Appi. No. 5133{B) - Peter and Mary Jaccmes. Based on Disapproval by Building Department which states that pool contractor business use is not permitted in this Hamlet Business Zone District. Il. PUBLIC HEARINGS (continued from I~revious hearing calendars}: Written testimony in lieu of extensive oral testimony would be app?ciated. All testimony should be limited to zoning issues properly before the Board. ~-6~}tVp.m. Appl. No. 5135. Michae~l and Kathy Perivolaris. Request for a Variance under Section 100-244B, based ~'~}~-~ on the Building Department's March 4, 2002 Not, ce' of Disapproval to enclose an existing porch which has a front ~ yard setback of less than 35 feet. ! 155 Love Lane, Mattituck; 1000-140.-1-20. ,7~ j2~.~,~ ~ d~ :~5z i¢~.')~ pm Appl No. 5132. Jose and lvonne Hernandez. Request for a Variance under Section 100-33, based on the ,~1~' Building Department's March 21, 2002 Notice of Disapproval to locate an accessory garage in an area other than a qbe~ :~35 pm Appl. No. 5130. Clifford a~'Regan Batuello~ .This is a request for a Variance under Section 100-33, :3 based on the March 7, 2002 Notice of D~s~pP~ov~ ~ ~ate an accessory swimming pool in an area other than a rear yard. 1725 Alvah's Lane, Cutchogue; 1000-109.-1-24.1. fu: c4]' . Page 2 of 4 - Agenda Meeting of June 20, 2002 ("oathold To~n Board of .Appeals 6~l~'pm Appl. No. 5131. John C. and Margaret Biplane. Request for a Variance under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located in a front yard area. 8871 Oregon Road, Cntchogue; 1000-83.-1-34. 6:50 pm Appl. No. 513 nd Mary Jacques. Request for a Variance under the Bulk Schedule and Section 100-91, based on the BmTding Department's March 21, 2002 Notice of Disapproval which states that a pool contractor business is not permitted in this Hamlet Business Zone District. Also noted in the disapproval is a use code requirement under the Bulk Schedule of 20,000 sq. ft. of lot area for each use, and this lot contains 21,780 sq. ft. with two principal uses proposed. 13000 Route 25 (Main Road), Mattituck; 100~114.-11-12. ~ :0~ ~ 7~ IF ~ n" ~~-7:3[ ~,l~'-z~,~ ~,~ ~ Appl. No. 511~ ~onna M. Cook. Request for a Variance under Section I00-244B, based on the Building Department's Marc~2 Notice of Disapproval concerning the location of a new addition with insufficient front and side yard setbacks. 6900 Main Bayview Road, Southold; 1000-78.-6-8. ~pm Appl. No. 5126.~nd Sarah Miller. Request for a Variance under Section 100-30A.3, based on the ~uilding Department's M~ 8, 2002 Notice of Disapproval concerning proposed additions and alterations, for the reason that the front yard setback will not conform to the code requirement. 1132 Bridge Lane, Cutchogue; Parcel 1000-118.-1-18.4. {¢~ ~r~. 7 pm Appl. No. 5125. J. an rittman. Request for a Variance under Section 100-244B, based on the Building Depa~ment's March 6, 20~Notice of Disapproval concernine proposed additions, for the reason that the front and rear setbacks will not conform to the code requirement. 80 Glenn Road, Southold; 1000-78.-2-10. ~ ~, ~:~ pm Appl. No. 5124. Helen Sakatos a/~a Eleni. Request for a Waiver to unmerge Lot 15-7-8 from 15-7-12, ~s provided under Section 100-26. The Building Department s January 2, 2002 Notice of Disapproval states that the two lots have me[ged under Section 100-25. 820 Plum Island Lane (and Three Waters Lane), Orient; 1000-15.- 7-8 and 12. {~ ~, N~c7:~pm Appl. No. 5123. MichaelandCathvLehrho~f'ora Variance under Section lOO-242A, based on the Building Department's May 13, 2002 Notice of Disapproval concerning proposed additions, for the reason that the front and rear setbacks will not conform to the code requirement. 230 Wunneweta Road, Cutchogue; Parcel 104.-11-12.1. ~ ~d. Business. 2575 Peconic Lane, Peconic; Parcel 1000-74.-5-9.2. (Open hearine and recess to July 11 6-day posting of sign by applicant/attorney.) ~~g ~ ~, : ~ppi. l~o. 5127. Nextei {A. Jun~e). This is a request for a Variance under Section 100-142 and 100- ~¢165C, based on the Building Department's Amended March 11, 2002 Notice of Disapproval, concerning the location of shelter structure in this Industrial District. The shelter Light Page 3 of 4 -- Agenda Meeting of Juoe 20, 2002 qouthold Town Board of Appeals structure is proposed at less than 70 feet from the rear property line. 21855 C.R. 48 a/k/a Middle Road,-}2~ Cutchogue; 1000-96.-1-19.1. ~) iC-2~vn',o. "~! O,~a~ .~ [~ ~lvr.'~ ~,~// ~ :~pm Appl. No. 5115. K. and P. Johnson. This is a request for a Variance under Section 100-30A.4, based on the Building Department's March 4, 2002 Notice of Disapproval concerning the proposed location of an accessory garage in an area other th~ a rear vard. 2375 Harbor Lane at Eugene Heights, Cutchogue; 1000-136.-1-19.3. .,~~ Appl No 5111 Esther J Rotella Th~s ~s a request for a Varmnce under Section 100-33, based on the Building Department s February 7, 2002 Notice of Disapproval concerning applicant s request to locate an accessory garage in an area other than the required yard. Location of Property: 830 Poquatuck Lane, Orient; Pa[cel 1000-27.-3-4.2. 8: pm Appl. No. 5116.~olacek. This is a request for a Variance under Section 100-242-A, and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval concerning proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 9% lot coverage for all building area. 2905 Westphalia Road, Mattituck; 1000-114.-10-21. /¢¢. 8:~pm Appl. No. 5117. Lucas Ford. This is a request for Variances under Sections 100-205D, 100-205.1-C, and 100-206B, based on the Building Department's January 15, 2002 Notice of Disapproval concernin~roundb~ sign~ which exceed the size requirement of the zoning code. 3245 Horton Lane, S~uthold; 1000-59.-3-32.1.~/ ~U-8~ pm Appl. No. 5058. ~eter and V~ie ~lak, et al. This is a request for Area variances under Sections - ~00-30A.3 and 100-31, based on the Build~'Department's November 29, 2001 Amended Notice of Disapproval. ~The applicants propose two parcels Parcels 1 and 2, each with less than 40,000 sq ft in area; Parcel gl will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on the proposed lot ~q'[~proposed at this time without a principal use). 2040 Pine Tree Road and Bittersweet Lane, Cutchogue; 1000-98.- 1-15, 16, 17. Need new owners to amend application by letter or other written confirmation, fl~ ,,~'~ p.m. Appl. No. 5068 - Glenn and Christine Dawson. (Continued hearing from June 6, 2002 calendar as ¢...:~greed). 150 Broadwater~Road, Cutchogue; 104.-10-8. f~~'. [[~.,~ ~p.m. Appl. No. 5072 - Dr. J. Callis & others. (Continued hearing, carried from th~ March 21, ~002 Hearing End of hearing~ ~ ~?¢~ x~5~ ~ ~-' ~'*~'q 1II POSSIBLE DELIBE~TIONS/DECI~ONS th ~ 11 1 . ~ ~ ~ on e lo owin~aDo ications: ~~,,~ A. Carryovers from previous meeting calendars: (1) Appl. No. 5099 - Mattituck Historical Society. (Hearing concluded 5/16, pending financial information from applicant.) Page '4 of 4' Agenda Meeting of June 20, 2002 'qouthold Town Board of Appeals B. Tonight's applications, those concluded tonight, Agenda Item 1I llst above: IV~. RE~ (possible deliberations/decisions, to be determined by the Board at this time). SOLUTIONS/UPDATED REVIEWS/OTHER: '~-A. Special Meeting confirmed for July 11, 2002 for carryover deliberations/decisions, others as updated. · -~(2) Appl. No. 5098 - Geert Martens and Murray. (Hearing concluded 5/16, pending submission of ~/-- B. New llearings/Regular Meeting Date confirmed: 6:15 p.m. July 25, 2002. Co V.'-POSSIBLE EXECUTIVE SESSION (litigation pending APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES TH URSDAY, JUNE 20, 2002 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southolcl Town Hall, 53095 Main Road, Southold, New York 11971, at 6:30 p.m. on Thursday, June 20, 2002. Present were: Gerard P. Goehdnger, Chairman/Member Lydia A. Tortora, Member George Horning, Member' Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, Secretary of the Board 6:33 p.m. Chairman Gerard P. Goehdnger called the meeting to order. AGENDA ITEM I: The Board proceeded with the following: · STATE ENVIRONMENTAL QUALITY REVIEWS/DETERMINATIONS (SEQRA): Motion was offered by Chairman Goehdnger, seconded by Member Tortora, and duly carried, to declare the following actions under SEQRA: Type II Declarations (No further steos under State Law): Appl. No, Appl. No. Appl. No, Appl. No. Appl. No. Appl. No. Appl. No, Appl. No, Appl. No, Appl. No. Appl. No. Appl. No. Appl. No. 5135. Michael and Kathy Pedvolads. Porch setback· 5132. Jose and Ivonne Hernandez. Accessory garage location 5130. Clifford and Re.qan Batuello. Accessory swimming pool location. 5131. John C. and Margaret Bi.q.qane. Tennis court setback. 5133(A). Peter and Mary Jacc~ues. Lot area variance for two principal uses. 5118. 5126· 5125. 5124. 5123· 5127. 5115. 5111. Donna M. Cook. Addition setbacks. John and Sarah Miller· Addition setback· J. and E. Brittman. Addition/setbacks. Helen Sakatos a/k/a Eleni. Waiver to Unmerge. Michael and Cathy Lehrhoff. Additions, for front and rear setbacks. Nextel (A. Jun.qe). Accessory equipment shelter structure yard location. K. and P. Johnson. Accessory garage location. Esther J. Rotella. Accessory garage location. Page 2 - Minutes Meeting held June 20. 2002 Southold Town Board of Appeals Appl. No. 5116. Clifford Polacek. Front yard and lot coverage for additions. Unlisted Declarations with Nepative Effect on the Environment: Appl. No. 5117. Lucas Ford. Four signs which are not allowed by code. Appl. No. 5119. G. and M. Kokkinos. Special Exception for a second apartment HB Zone. Appl. No. 5133(B) - Peter and Mary Jacques. Based on a disapproval by Building De partment which states that a pool contractor business use is not permitted in this Hamlet Business District. II. PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately. 6:20 p.m. (No appearance by applicant until 9:15 p.m.) 9:15-9:21 p.m. Appl. No. 5135. Michael and Kathy Perivolaris. Request for a Variance under Section 100-244B, based on the Building Department's March 4, 2002 Notice of Disapproval to enclose an existing porch which has a front yard setback of less than 35 feet. 1155 Love Lane, Mattituck; 140.-1-20. Mrs. Catherine Mesiano appeared and spoke in support of the application. No objections were offered from anyone ~n the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the headng. This Resolution was duly adopted (5-0). 6:25-6:35 pm Appl. No. 5132. Jose and Ivonne Hernandez. Request for a Variance under Section 100-33, based on the Building Department's March 21, 2002 Notice of Disapproval to locate an accessory garage in an area other than a rear yard, at 22950 Main Road, Orient; 18.-5-10. Mr. And Mrs. Hernandez appeared and spoke in support of their application. The applicants confirmed no water is planned as a utility, however electric would be needed. They also confirmed [he setback would not be closer than 10 feet from the rear and not closer than 30 feet on the north. No objections were offered from anyone ~n the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando. and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 6:35-6:40 pm Appl. No. 5130. Clifford and Reqan Batuello. This is a request for a Variance under Section 100-33, based on the March 7, 2002 Notice of Disapproval to locate an accessory swimming pool in an area other than a rear yard, at 1725 Alvah's Lane, Cutchogue; 109-1-24.1. Mrs. Regan Batuello appeared and spoke in support of her application No objections were offered from anyone in the audience. After receiwng testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held June 20, 2002 Southold Town Board of Appeals PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately. 6:40-6:50 pm Appl. No. 5131. John C. and Margaret Bi.q.~ane. Request for a Variance under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located n a front yard area 8871 Oregon Road, Cutchogue; 83.-1-34. Jim Fitzgerald of Proper-T Services appeared and spoke in support of his application. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly ado pted (5-0). 6:50-7:07 pm Apph No. 5133. Peter and Mary Jacques. Request for a Variance under the Bulk Schedule and Section 100-91, based on the Building Department's March 21, 2002 Notice of Disapproval which states that a pool contractor business use is not permitted in this Hamlet Business Zone District. Also noted in the disapproval is a code requirement under the Bulk Schedule of 20,000 sq ft. of lot area for each use, and this lot contains 21,780 sq ft. with two principal uses proposed, at 13000 Route 25 (Main Road), Mattituck; 114.-11-12. Mr. Peter Jacques appeared and spoke in support of his application. Mr. Jacques agreed that the pool contractor is no longer a prospective tenant, however he asked the Board if they could approve a use that is listed as a permitted use in this business zone. Board Members did not feel they could properly address a use without knowing more details regarding the activities of a future business, such as storage, truck and employees, and related questions. Mr. Jacques was asked to return after a tenant or proposed use was more certain No objections were offered from anyone in the audience. After receiving [estimony, the Chairman offered a Resolution to recess the hearing, without a new date, pending the requested information from the applicants. This Resolution was duly adopted (5-0). 7:07-7:18 pm and again 7:35-7:38 pm. Appl. No. 5118. Donna M. Cook. Request for a Variance under Section 100-244B, based on the Building De partment's March 3, 2002 Notice of Disapproval concerning the location of a new addition with insufficient front and side yard setbacks, at 6900 Main Bayview Road, Southold; 78.-6-8. Mrs. Donna Cook appeared and spoke in support of her application. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Tortora and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Page 4 - Minutes Meeting held June 20.2002 Southold Town Board of Appeals PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hear~ ng record for discussions, prepared separately. 7:18-7:25 pm Appl. No. 5126. John and Sarah Miller. Request for a Variance under Section 100-30A.3, based on the Building Department's March 8, 2002 Notice of Disapproval concerning proposed additions and alterations, for the reason that the front yard setback wil not conform to the code requirement, at 1132 Bridge Lane, Cutchogue; Parcel 118.-1-18.4. Mr. John Miller appeared and spoke in support of his application. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carded, to close the hearing. This Resolution was duly adopted (5-0). 7:25-7:29 pm Appl. No. 5125. J. and E. Brittman. Request for a Variance under Section 100-244B, based on the Building Department's March 6, 2002 Notice of Disapproval concerning proposed additions, for the reason that the front and rear setbacks will not conform to the code requirement, at 80 Glenn Road, Southold; 78.-2-10. Mrs. E. Brittman appeared and spoke in support of her application. Mrs. Bdt~man stated it was her belief the height of the additions would be 1-1/2 stories. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried to close the hearing. This Resolution was duly adopted (5-0). 7:29-7:38 pm AppL No. 5124. Helen Sakatos a/k/a Eleni. Request for a Waiver to unmerge Lot 15-7-8 from 15-7-12, as provided under Section 100-26. The Building Department's January 2, 2002 Notice of Disapproval states that the two lots have merged under Section 100-25. 820 Plum Island Lane (and Three Waters Lane), Orient; 15.-7-8 and 12. David Worthington Olsen, Esq. appeared and spoke r~ support of the application. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carded, to close the hearing. This Resolution was duly adopted (5-0). 7:38-7:50 pm Appl. No. 5123. Michael and Cathy Lehrhoff. Request for a Variance under Section 100-242A, based on the Building Department's May 13, 2002 Notice of Disapproval concerning proposed additions, for the reason tha! the front and rear setbacks will not conform to the code requirement. 230 Wunneweta Road, Cutchogue; Parcel 104.-11-12.1. Amy Martin of Fairweather-Brown Design Associates appeared and spoke n support of the application, with Mr. And Mrs. Lehroff. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held June 20. 2002 Southold Town Board of Appeals PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately: 7:50-7:52 pm Appl. No. 5119. G and M. Kokkinos. This Is a request for a Special Exception for a second apartment in the existing principal building, as provided by Section 100-91B(4) of the Zoning Code, at 2575 Peconic Lane, Peconic; Parcel 74.-5-9.2. Zone District: Hamlet Business. Scott DeSimone, Esq. appeared and requested an adjournment while his request to the Town Board for a possible local law, for a code change. A mobon was offered by Chairman Goehringer, seconded by Member Orlando, to adjourn and re-calendar this hearing to the September 19, 2002 calendar. This Resolution was duly adopted (5-0). 7:52-7:57, and 8:05-8:10 pm Appl. No. 5127. Nextel fA. Junqe). This is a request for a Variance under Section 100-142 and 100-165C, based on the Building Department's Amended March 11, 2002 Notice of Disapproval, concerning the location of an accessory equipment shelter structure in this Light Industrial District. The equipment-shelter structure is proposed at less than 70 feet from the rear property line. 21855 C.R. 48 a/k/a Middle Road, Cutchogue; 96.-1-19.1. Jacq ueline Caputi, Esq. and Mr. Soufiane Toury, RF Engineer, appeared and spoke ~n support of the application. Mrs. Laverne Taylor appeared with questions and concerns. After receiwng testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried recessing [he hearing to the July 11, 2002 calendar, to allow time for Mrs. Taylor to obtain information. Attorney Caputi took Mrs. Taylor's telephone number as suggested by the Chairman, This Resolution was duly adopted (5-0). 7:58 - 8:05 pm Appl. No. 5115. K. and P. Johnson. This is a request for a Variance under Section 100-30A.4, based on the Building Department's March 4, 2002 Notice of Disapproval concerning the proposed location of an accessory garage in an area other than a rear yard. 2375 Harbor Lane at Eugene Heights, Cutchogue; 136.-1-19.3. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). This Resolution was duly adopted (5-0). 8:18-8:24 pm Appl. No. 5111. Esther J. Rotella. This is a request for a Variance under Section 100-33, based on the Building Department's February 7, 2002 Notice of Disapproval concerning applicant's request to locate an accessory garage ~n an area other than the required yard. Location of Property: 830 Poquatuck Lane, Orient; Parcel 27.-3-4.2. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: The Chairman opened each of the following hearings as noted below. Please see written Hearing Transcripts for discussions (or tape recordings as alterative), prepared separately: Page 6 - Minutes Meeting held June 20, 2002 Southold Town Board of Appeals 8:24-8:28 pm Appi. No. 5116. Clifford Polacek. This is a request for a Variance under Section 100-242-A, and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval concerning proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area. 2905 Westphalia Road, Mattituck; 114.-10-21. After receiving testimony, the Chairman offered a motion, seconded by Member Homing, and duly carried, to close the hea ring. This Resolution was duly adopted (5-0). 8:28-8:45 pm Appl. No. 5117. Lucas Ford. This is a request for Variances under Sections 100-205D, 100-205.1-C, and 100-206B, based on [he Building Department's January 15, 2002 Notice of Disapproval concerning four ground signs which exceed the size requirement of the zoning code. Location of Property: 3245 Horton Lane, Southold; 59.-3-32.1. After receiving testimony, the Chairman offered a motion, seoonded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adoPted (5-0). 8:45-9:06 pm Appl. No. 5058. Peter and Valerie Leoniak. et al. This is a request for Area variances under Sections 100-30A.3 and 100-31, based on the Building Department's November 29, 2001 A. mended Notice of Disapproval. The applicants propose two parcels Parcels 1 and 2, each with less [han 40,000 sq. ft. in area; Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on the proposed lot (proposed at this time without a principal use). 2040 Pine Tree Road and Bittersweet Lane, Cutchogue; 98.-1-15, 16, 17. William C. Goggins, attorney for the applicants: appeared and spoke in support of the application. The application was recently amended to include new owners (Mrs. Kosmynka and Mrs. Ann Berger) as the new applicants, after recent deed conveyances of the land. Appearing against the application was Abigail Wickham, attorney for an adjacent property owner, Thomas Cottral. After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the verbatim portion of the record (hearing), pending a written reply from the Planning Board office within a reasonable time. This Resolution was duly adopted (5-0). 9:06-9:10 p.m. Appl. No. 5068 - Glenn and Christine Dawson. (Continued hearing from June 6, 2002 calendar as agreed). 150 Broadwaters Road, Cutchogue; 104.-10-8. Stephen R. Angel, Esq. appeared and spoke in support of his application. Appearing against the appeal was Robert Cippitelli, attorney for Bruno Cipitelli, adjacent landowner. (Please see hearing record for discussions, prepared separately.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried declaring the hearing (verbatim portion) of the record closed, allowing written submissions to be submitted until July 11, 2002. This Resolution was duly adopted (5-0). The Chairman confirmed the written portion of the record will be concluded on July 11, 2002. Page 7 - Minutes Meeting held June 20, 2002 Southold Town Board of Appeals PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, orepared separately: 9:15 p.m. The first hearing regarding Michael Perivolaris was held at this time. (See minutes notations, page 2, supra.) 9:22 p.m. Appl. No. 5072 - Dr. J. Callis & others. (Continued hearing, carried from the March 21, 2002 Hearing Calendar). Stephen R. Angel, Esq. appeared and spoke in support of his application. Appearing against the appeal was the property owner, James Miller, and his attorney Harvey A. Arnoff. (Please see hearing record for discussions, prepared separately.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, declaring the hearing (verbatim record), concluded, with written submissions accepted until July 11, 2002. Vote of the Board: Ayes: Members Goehringer, Tortora, Horning, and Oliva. (Member Orlando abstained.) The Chairman confirmed the written portion of the record will be concluded on July 11,2002. End of hearings. III. DELIBERATIONS/DECISIONS on the followin~q applications: The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached: Conditional Approvals: Appl. No. 5132- J. Hernandez Appl. No. 5131 - J. Biggane Appl. No. 5115- J. Johnson. Approvals: Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. 5135 - M. Perivolaris. 5130 - C. Batuello. 5118 - D. Cook. 5126 - J. Miller. 5125 - J. Brittman. 5124 - Helen Sakatos. 5123 - M. Lehrhoff. 5115 - E. Rotella. 5116 - C. Polacek. Other applications which are pending deliberations/decisions were carried over to the next meeting calendar. Page 8 - Minutes Meeting held June 20, 2002 Southold Town Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The next meeting was confirmed for the July 11, 2002 Special Meeting for carryover deliberations/decisions, and other applications, updated at that time. B. New Hearings/Regular Meeting Date were confirmed for the July 25, 2002 Regular Meeting. V. There was no Executive Session held, and this item was removed from the agenda by the Chairman. Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at 11:15 p.m. Respectfully submitted, ....." ~ // //¢ Unda Kowalski 7~25-02 Att a~ m e n~?./Qeci.~s~/~/ RECEIVED AND FILED BY T~ SOU~HO~ TOWN C~ ~ DATE % ~k~HOL~ % ~"~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5130. Clifford and Regan Batuello. Property Location: 1725 Alvahfs Lane, Cntchogue; Parcel 109.4-24.1. BASIS OF APPLICATION: Building Department's March 7, 2002 Notice of Disapproval for the reason that applicants' proposed location of an accessory swimming pool in an area other than a rear yard. AREA VARIANCE REQUESTED: Applicants are requesting a Variance under Section 100-33 to locate an accessory 24' x 44' in-ground swimming pool to the south of the existing accessory (barn) building and residence. This yard area is defined by the Building Department as the applicant's side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: Cutchogue. The property (nonhabitable) buildings. The applicant's property is located on the west side of Aivah's Lane in is improved with a single-family dwelling and several accessory REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicants own a large 167,967 sq. ft. lot that is currently occupied by a two-story, single-family residence, set back approximately 196 feet from Alvah's Lane. There are five existing accessory buildings on this former farm lot, all of which are at the rear of the dwelling. This location is substantially set back from all property lines. The swimming pool is located in the same yard area, southerly near the accessory barn. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The layout and design of the house has established the limited rear yard available under the zoning regulations. 3. The variance granted herein is not substantial. The yard area proposed for the swimming pool resembles a rear yard. page 2 - June 20, 2002 APPl; NO, 5131 -C. and R. Batuello parCel 109.-1-24.1 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an in-ground swimming pool, while preserving and protecting the character of the neighborhood and the healthy safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehring~), Tortor~orn'~a/~and)Or/i/ando. This Resolution was duly adopted (5-0).~ ~~_~~J//~~~ ~(~rard P. Goehringer, Chairma6~/6.~25~0/~ AI~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5131- John & Margaret Biggane Property Location: 8871 Oregon Road, Cutchogue; Parcel 83.-1-34. BASIS OF APPLICATION: Building Department's January 25, 2002 Notice of Disapproval for the reason that applicants' proposed tennis court at less than 60 feet from the front lot line. AREA VARIANCE REQUESTED: Applicants are requesting a variance under Section 100-33C to locate a 60' x 100' tennis court structure in the southerly yard with a setback of 15.8 feet from the southerly property line, 24 ft from the easterly lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: Applicants' property is located on a private right-of-way extending from the north side of Oregon Road in Cutchogue. This lot is referred to as Lot 2 in the Minor Subdivision of Henry Domaleski, and contains an area of 2.05 acres, or 89,350 sq. ft., with a width of 145.75 feet, depth of 604.17 along the east side, and 148.27 ft. along the Long Island Sound. The lot is improved with a two-story frame dwelling and accessory pool structure as depicted on the February 3, 2000 survey revised June 27, 2001 prepared by S. Isaksen, Jr. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The same family owns the "only" neighboring house. Also in this water front area it is typical to have accessory buildings in the front yard. 2. The benefit sought by the applicant can be achieved with a change in the lot line for applicants' adjoining property. Due to the topography on this lot, this is the logical location without removing several hundred yards of soil. 3. The requested area variance is substantial since the existing front yard set back is 15 feet 8 inches and requires a 60 feet set back. Page 2 - June 20, 2002 ZBA Appl. No. 5131 - J. and M. Biggane Parcel 83.-1-34 at Cutchogue 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Due to the uniqueness of this application with only one neighbor, which is owned by the applicants, this tennis court will have no physical or environmental impact. "If" ever this lot or the lot directly below this lot in questioned is sold there must be a lot line change in the Vacant lot to acuminate the appropriate front yard set back as the code requires at this time. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an accessory tennis court, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried, to GRANT the variance, as applied for, AND SUBJECT TO the condition that when the applicants' adjoining lot 1000-95.-1-11.2 (to the south) is transferred in title, then a lot line change application and approval is necessary to effectuate a conforming 60' front yard setback or the setback of the current zoning code in effect at that time. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: This Resolution was duly adopted (5-0). GG:vo/lk Ayes: Members Goehringer (Chairman), Tortora, Horning, Oliva, and Orlando. .~jerard P. Goehringer, Cfiairman 6-?6-02 ,AB. PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:/, southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5125 - J. and E. Brittman. Location of Property: 80 Glenn Road, Southold; Parcel 78.-2-10. BASIS OF APPLICATION: Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions, for the reason that the front and rear setbacks will not conform to the zoning code provisions. AREA VARIANCE REQUESTED: Applicants are requesting a Variance under Section 100-244B for a proposed addition and alterations to the existing dwelling. The proposed additions are 25x36' and 7x7' in size, with setbacks proposed at 32 ft. from the front line facing Glenn Road, 38 ft. from the easterly line facing a drainage area, and 53+- ft. from the mean high water line to the south. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the south side of Glenn Road in West Creek Estates, Southold. The property is 23,375 sq. ft. in area with frontage along two streets, 122.26 feet along Main Bayview Road and 170.31 feet along Glenn Road, and frontage along the canal at the south corner of the property as shown on the March 23, 1998 survey prepared by Peconic Surveyors, P.C., revised January 17, 2002. The lot is improved with a 1-112 story frame house and garage. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances." the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: L Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The side yard faces an adjacent drainage area and gives the appearance of what is commonly viewed as the rear of the dwelling. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicants testified that the side yard of the property was not recommended by the Town Trustees. The easterly portion of the properW commonly gives the appearance of the rear yard area of the dwelling. 3. The variance granted herein is not substantial. There are similar setbacks in the area to that requested of the applicant. 4. The alleged difficulty has been self-created. 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Authorizations have been issued by the New York State Department of Environmental Consetwation and the Southold Town Board of Trustees concerning this request. Page 2 - June 20,. 2002 ZSA App,. N0. 5175 ~ j~- E~±~Yc~an Parcel [000- 78-2-10) at SoUthold 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an addition and alterations, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF Tt]]~ BOARD: In considering ali of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Member , and duly carried, to GRAN~ the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such Uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman)~~a,./gmt-O~and~is Re~ution was GG:lk/vo rard P. Goehringer, Chairn~an /~ ~ At'PEALS BOARD MEMBERS Gerard P: Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road . P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5118 - Donna M. Cook. Property Location: 6900 Main Bayview Road, Southold; Parcel 78.-6-8. BASIS OF APPLICATION: Building Department's March 3, 2002 Notice of Disapproval for the reason that applicants' proposed addition does not meet the code requirements for a minimum 40 ft. front yard and single side yard of 15 feet. AREA VARIANCE REQUESTED: Applicant is requesting a variance under Section 100-244B for an addition to the existing dwelling on the second floor, which will be within the nonconforming footprint of the dwelling, presently 26 feet from the front line, and single side yard of 11 feet. (Please see map disapproved by the Building Department of record for additional details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on south side of Main Bayview Road in Southold. The lot is improved with a one-story frame house and accessory garage, as shown on the September 20, 2001 survey, revised October 10, 2001 by John C. Ehlers, L.S. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The setback of the existing house is nonconforming at 26 feet, and a second story addition would not be possible without a variance. Some variance from the setback requirement is necessary for a second story. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house as exists is nonconforming at 26 feet. A second story addition is not unreasonable. 3. The variance granted herein is not substantial. The setbacks already exist and are not being further reduced. 4. The alleged difficulty has not been self-created. Page 2 - June 20, 2002 ZBA Appl. No. 5118 - Donna Cook Parcel 78.-6-8 at Southold 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a second-story addition with rear deck, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Oliva, seconded by Member Horning, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairm~rtora, Ho~fi~, Oliva, and Orlando. This Resolution was duly adopted (5-0). ~rd P. Goehringer, Chairmh AP~PE'ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5132 - Jose and Ivonne Hernandez. Property Location: 22950 Main Road, Orient; Parcel 18.-5-10. BASIS OF APPLICATION: Building Department's March 21, 2002 Notice of Disapproval for the reason that applicants' proposed accessory garage in an area other than a rear yard. AREA VARIANCE REOUESTED: Applicants are requesting a Variance under Section 100-33to locate an accessory garage in the southerly yard behind the rear of the dwelling at least 10 feet from the southerly property line and at least 30 feet from the westerly property line. The size of the garage is 24' x 26'. (Also, please see maps disapproved by the Building Department for more details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property, is located on the south side of Route 25 (Main Road) in Orient and is improved with a one-story dwelling and small accessory shed structure in the westerly yard area. The lot consists of 26,251.42 sq. ft. in area, 125 ft. of lot depth, and 171 ft. along the Main Road. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. A major portion of the garage is behind the existing dwelling. The 15' right-of-way easement area to the west of the garage is not a necessary front yard for the applicants since their access driveway extends from the Main Road (northerly front yard). 2. The benefit sought by the-applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The definition of the code for right-of-way easement areas creates a second front yard for many properties. The yard behind the house is the most logical place to place a garage, and gives the appearance of a rear yard. 3. The variance granted herein is not substantial. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Page 2 - June 20, 2002 ZBA Appl. No. 5132 - J. Hernandez Parcel 18.-5-10 at Orient 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an accessory garage/storage building, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Tortora, seconded by Member Homing, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. The garage shall be a minimum setback from the southerly property line at 10 feet (as proposed); and 2. The garage shall not be rented, This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: This Resolution was duly adopted (5-0). GG:lk Ayes: Members Goehringer (Chairman), Tortora, Horning, Oliva, and Orlando. /l~rard P~ Goehringer, Ch~rman 6-26-02 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5115 - K. and P. Johnson Property Location: 2375 Harbor Lane at Eugene Heights. Cutchogue; Parcel 136.-1-19.3. BASIS OF APPLICATION: Building Department's March 4, 2002' Notice of Disapproval for the reason that applicants' proposed accessory garage is in an area other than the code-required rear yard. AREA VARIANCE REQUESTED: An area variance is requested under Section 100-30A.4 to locate an accessory +-12' x 22' garage in a rear yard, with its front portion located along the side yard of the existing dwelling. The rear yard setback is shown at three (3) feet at its closest point, and the southerly side yard setback in excess of 10 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is 150 feet wide with frontage along the easterly side of Harbor Lane, Cutchogue, with a depth of 125 feet at the north side and 105 feet at the south side. The property is improved with a one-story dwelling shown at 48+- feet from the front property line and 48 feet between the rear property line and the rear deck. REASONS FOR BOARD ACTION: Reference is made to all testimony, documentation, personal inspection of the property and the area, and other evidence regarding this application review process. In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. - A major portion of the proposed garage is proposed in the rear yard; a minor portion of the front portion will technically be located along a side yard of the deck at the rear of the dwelling, although it is shown with a 20' separation between the two buildings. 2. The benefit sought by the applicanl cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. To move the garage to any other location would require additional relief via variance applications. 3. The variance granted herein is not substantial. The relief is related to only the front portion of the garage. Page 2 - June 20, 2002 ZBA Appl. No. 5115 -K. and P. Johnson Parcel 136.-I-19.3 at Cutchogue 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an accessory garage building, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member seconded by Member Horning, and duly carried, to GRANT the variance as applied for, SUBJECT TO THE CONDITION that gutters and leaders into an appropriate basin be installed to contain roof water runoff. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Cha~iorman), Tortora~Mxv~fil-a~Q This Resolution was duly adopted (5-0). : - ...... Gerard P. Goe~g~r, Chai a va, and Orlanac~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5123 - Michael and Cathy Lehrhoff. Property Location: 230 Wunneweta Road, Cutchogue; Parcel 104.-11-12.1. BASIS OF APPLICATION: Building Department's May 13, 2002 Notice of Disapproval for the reason that applicants' proposed additions, for the reason that the front and rear setbacks will not conform to the code requirements for a 40 ft. front yard setback and 50 ft. rear yard setback. AREA VARIANCE REQUESTED: Applicants are requesting Variances under Sections 100-242A and 100-244B for a front yard setback for additions to the existing dwelling as shown on the March 15, 2002 Site Plan prepared by Fairweather-Brown Design Associates. The new 11' x 7' front porch is shown at 39'8" feet from the front line. The side addition is proposed with a 32 ft. rear setback. The rear addition is proposed at 28 feet from the rear line. (Please see maps disapproved by the Building Department of record.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the west side of Wunueweta Road, Nassau Point Club Properties, in Cutchogue. The property is improved with a one-story frame house, shown on the Fairweather-Brown Design Architects site map, at 45 feet from the front lot line, 32 feet from the rear line, and 70'1" to the northerly side line. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The shape of the lot is 238 ft. long and narrow, with a depth of 103.82 feet at the north end of the lot. To technically satisfy the letter of the law would create a narrower dwelling, which would be impractical and would have no effect on the overall appearance. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue~ other than an area variance. The shape of the lot and layout of the existing dwellings limit the available area to expand livable area for the owners. 3. The variance granted herein is not substantial. The new area which extends closer into the rear yard is small, with a size of 4 ft. x 21.5 ft. The applicants are utilizing the setbacks as established for Page 2 - June 20, 2002 ZBA Appl. No. 5123 - Michael Lehrhoff Parcel 104.-11-12,1 at Cutchogue the existing dwelling without further reducing the front or rear set backs for additiOnal living area. The side yards and height restrictions remain conforming. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant Of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of additions/alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chair~rean')7~ortor~, ~tllya, apd Orlando. This Resolution was duly adopted (5-0). J / ~ ///// GG:lldlt /? ~~/~ ~//'~I y d P. Goehringe ,~./Chairman 6-26/~2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIRERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5126. John and Sarah Miller. Property Location: 1132 Bridge Lane, Cutchoguc Parcel No. 118.-1-18.4. BASIS OF APPLICATION: Building Department's March 8, 2002 Notice of Disapproval for the reason that applicants' proposed additions and alterations, for the reason that the front yard setback will not conform to the code requirement of 50 feet. AREA VARIANCE REQUESTED: Applicants are requesting a Variance under Section 100-30A.3 concerning a proposed 42 ft. setback for a new 5.8' x 36.4' deck, porch and trellis addition(s) and second-story renovation, as shown on Plan details of 1/16/02 prepared by Architecture One, revised 3/6/02. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on Wunneweta Pond, ~vith approximately 230' frontage along a curve at the north side of Bridge Lane. The property is improved with a single-family dwelling and accessory frame garage. REASONS FOR BOARD ACTION: In accordance with £he review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The Bridge Lane right-of-way is not a traveled street, and gives the appearance of an additional front buffer area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The curve of the front property line along Bridge Lane removes one of the side yards and zoning defines this property as a corner lot with two front yards, and the dwelling has existed for more than 40 years. 3. The variance granted herein is not substantial. 4. The alleged difficulty has been self-created. The dwelling has existed for more than 40 years in its present location, considered a nonconforming location under the current zoning requirements. 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of Page 2 - June 20, 2002 Apph No. 5126 - John and Sarah Miller Parcel 118-;t-:[8.4 Cutchogue an addition and renovations, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, ~and applying..the balancing test under New York Town Law, motion was offered by Chairman Goehringer, seconded by Member Oiiva, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members ao~h~nger ~C~.~.~,~.nor~, Hold. va, and Orlando. This GG:lk/ltRes°luti°n was duly adopted (5-0). ~~o ~_PPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:/, southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEL1RERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5135. Michael Perivolaris Property Location: 1155 Love Lane, Mattituck Parcel No. 140.-1-20 BASIS OF APPLICATION: Building Department's March 4, 2002 Notice of Disapproval for the reason that applicant's proposed enclosure will be less than 35 feet from the front lot line. AREA VARIANCE REQUESTED: Applicants are requesting a Variance under Section 100-244B concerning an 7' x 12 ' +- porch enclosure with a setback of 22+- feet from the front property link FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the west side of Love Lane in Mattituck. The property is adjacent to the Mattituck Park District on the north and west sides of the lot. This 10,134 sq. fL lot is improved with a dwelling with accessory shed. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The porch enclosure is not closer to the street, and is set hack greater than the northwest section of the house at 22.1 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The curve of the front property line along Bridge Lane removes one of the side yards and zoning defines this property as a corner lot with two front yards, and the dwelling has existed for more than 40 years. 3. The variance granted herein is not substantial. The setback at the northwest section is 22.1 feet and the porch enclosure is not closer to the street line than the existing. 4. The alleged difficulty has been self-created. The dwelling has existed for more than 40 years in its present location, which is considered a nonconforming location under the current zoning requirements, 5~ The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of Page 2 - June 20, 2002 Appl. No. 5140 - M. and M. Perivolaris Parcel 140.-1-20 at Mattituck A porch enclosure, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community BOARD RESOLUTION ACTION OF THE BOARD: In considering all of th9 above factors, and applying the balancing test under New York Town Law, motion Was offered by Me~nber Toriora, seconded by Me~er ~li~a, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairm~a~ora, Horn/ingT-OYtv~, and OrlandO. Resolution was duly adopted (5-0). ~ ? GG:lk/It This ' '~PPI~Af_~S BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5116. Clifford Polacek. Property Location: 2905 Westphalia Road, Mattituck; Parcel 114.-10-21. BASIS OF APPLICATION: Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area AREA VARIANCE REQUESTED: Applicant(s) is/are requesting a Variance under Sections 100-242- A and 100-244 to allow for the location a 7'6" x 15' bathroom addition at the easterly front section of the dwelling, set back at not less than 26.3 feet from the front lot line. (Also see plans disapproved by the Building Department on March 6, 2002.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is a corner lot of 22,047 sq. ft. in area, having a frontage of 124.73 feet along Westphalia Road and 174.64 feet along Deer Drive in Mattituck. The lot is shown on the Map of "Deer Park" as Lot No. 19, and is improved with a single-family, two-story frame house and garage (location information confirmed by a March 27, I990 survey prepared by Young & Young, L.S.). REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The small addition maintains the established front yard setback of the dwelling and does not reduce the side yard setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The new construction does not extend closer to the street than the existing dwelling and does not reduce the side yard setback. 3. The variance granted herein is not substantial and is 113 sq. ft. of new area for a bathroom extension. 4. The alleged difficulty has been self-created. The dwelling has existed in a nonconforming location for more than 40 years. The addition does not change the side yard setback. Page 2 - June 20. 2002 ZBA Appl. No. 5116 - C. Polacek Parcel 114.-10-1 Polacek at Mattituck 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a bathroom extension, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or Other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Cha~, Hor~i0g, ~ and Orlando. This Resolution was duly adopted (5-0). ~ ~ ~J~/~ / _ a~d P. GoehiSnger, C~airman ~5-;~2 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:#southoldtown.northfork.net BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5111 - Esther J. Rotella. Property Location: 830 Poquatuck Lane, Orient; Parcel 27.-3-4.2. BASIS OF APPLICATION: Building Department's, based on the Building Department's February 7, 2002 Notice of Disapproval for the reason that applicant's accessory garage is proposed in an area other than the required yard. AREA VARIANCE REOUESTED: Applicant is requesting a Variance under Section 100-33 to locate a new 23 x 34.8 ft. accessory garage partly in the side yard and front yard, with a large breezeway attachment to the dwelling. The garage setback to the nearest lot line (northeast of the dwelling) is 62.2 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on a private 50' wide right-of-way which extends from the east side of King Street in Orient. The lot is 217,837 sq. ft. (5 acres) in size. This lot is referred to as Lot 4 on the Map of Kings Bay Partners approved by the Planning Board August 30, 1988. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The garage will be attached to the dwelling with a large breezeway area, and will remain accessory and incidental to the residence. All building construction is located within a building envelope boundary area ~at the northerly portion of the property. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is oversized, and the location is not unreasonable in light of the substantial setbacks provided from all property lines,. 3. The variance granted herein is not substantial. The property is limited by a restrictive building envelope determined by agencies under the 1988 subdiv/sion approvals~ and the setbacks substantially exceed those required even for a principal building. Page 2 - June 20, 2002 ZBA Appt. No 5111 - Stephen and Esther Rotella Parcel 27.-3-4,2 at Orient 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a garage with a large breezeway, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Horning, seconded by Chairman Goehringer, aud duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other: than such uses, setbacks and other features as are expressly addressed in this action. TV~itsel~efstolhuetiBo;a;da:s~dulAy;;~optMee~l:~Sr_~).Goeh~r (Ch~~and :Orlando. .~-~erard P. Goehringe~,Chairman 6d25:02 '~APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5116. Clifford POlacek. Property Location: 2905 Westphalia Road, Mattituck; Parcel 114.-10-21. BASIS OF APPLICATION: Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area AREA VARIANCE REQUESTED: Applicant(s) is/are requesting a Variance under Sections 100-242- A and I00-244 to allow for the location a 7'6" x 15' bathroom addition at the easterly from section of the dwelling, set back at not less than 26.3 feet from the front lot line. (Also see plans disapproved by the Building Department on March 6, 2002.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is a corner lot of 22,047 sq. ft. in area, having a frontage of 124.73 feet along Westphalia Road and 174.64 feet along Deer Drive in Mattituck. The lot is shown on the Map of "Deer Park" as Lot No. 19, and is improved with a single-family, two-story frame house and garage (location information confirmed by a March 27, 1990 survey prepared by Young & Young, L.S.). REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The small addition maintains the established front yard setback of the dwelling and does not reduce the side yard setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The new construction does not extend closer to the street than the existing dwelling and does not reduce the side yard setback. 3. The variance granted herein is not substantial and is 113 sq. ft. of new area for a bathroom extension. 4. The alleged difficulty has been self-created. The dwelling has existed in a nonconforming location for more than 40 years. The addition does not change the side yard setback. Page 2 - .rune 20, 2002 ZBA Appl. No. 5116 -C. Polacek Parcel 114.-10-I Polacek at Mattituek 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a bathroom extension, while preserving and protecting the character of ~he neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehrlnger, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chai~, Ho~r. ni0g, O~vb, and Orlando. This Resolution was duly adopted (S-0). /~a~d P. Goehringe'rg C~airman ~-25-02 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:#southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5130. Clifford and Regan Batuello. Property Location: 1725 Alvah's Lane, Cutchogue; Parcel 109.~1-24.1. BASIS OF APPLICATION: Building Department's March 7, 2002 Notice of Disapproval for the reason that applicants' proposed location of an accessory swimming pool in an area other than a rear yard. AREA VARIANCE REQUESTED: Applicants are requesting a Variance under Section 100-33 to locate an accessory 24' x 44' in-ground swimming pool to the south of the existing accessory (barn) building and residence. This yard area is defined by the Building Department as the applicant's side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the west side of Alvah's Lane in Cutchogue. The property is improved with a single-family dwelling and several accessory (nonhabitable) buildings. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances." the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicants own a large 167,967 sq. ft. lot that is currently occupied by a two-story, single-family residence, set back approximately 196 feet from Alvah's Lane. There are five existing accessory buildings on this former farm lot, all of which are at the rear of the dwdling. This location is substantially set back from all property lines. The swimming pool is located in the same yard area, southerly near the accessory barn. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The layout and design of the house has established the limited rear yard available under the zoning regulations. 3. The variance granted herein is not substantial. The yard area proposed for the swimming pool resembles a rear yard. Page 2 - .June 20, 2002 Appl, No. 5131 - C, and R. Batuello Parcel 109.-1-24.1 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable apPlicant to enjoy the benefit of an in-ground swimming pool, while preserving and protecting the charioter~ of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and Other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringe~ Tortor~Iorni~g~nd)O~mdo. ,~//~G~rard P. Goehringer, Chairma~/ 6-25-/0~/' ~APPE/kLS BOARD MEMBERS ~¢rard P. Gochringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5125 - J. and E. Brittman. Location of Property: 80 Glenn Road, Southold; Parcel 78.-2-10. BASIS OF APPLICATION: Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions, for the reason that the front and rear setbacks will not conform to the zoning code provisions. AREA VARIANCE REOUESTED: Applicants are requesting a Variance under Section 100-244B for a proposed addition and alterations to the existing dwelling. The proposed additions are 25x36' and 7x7' in size, with setbacks proposed at 32 ft. from the front line facing Glenn Road, 38 ft. from the easterly line facing a drainage area, and 53+- ft. from the mean high water line to the south. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the south side of Glenn Road in West Creek Estates, Southold. The property, is 23,375 sq. ft. in area with frontage along two streets, 122.26 feet along Main Bayview Road and 170.31 feet along Glenn Road, and frontage along the canal at the south corner of the property as shown on the March 23, 1998 survey prepared by Peconic Surveyors, P.C., revised January 17, 2002. The lot is improved with a 1-1/2 story frame house and garage. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The side yard faces an adjacent drainage area and gives the appearance of what is commonly viewed as the rear of the dwelling. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicants testified that the side yard of the property was not recommended by the Town Trustees. The easterly portion of the property commonly gives the appearance of the rear yard area of the dwelling. 3. The variance granted herein is not substantial. There are similar setbacks in the area to that requested of the applicant. 4. The alleged difficulty has been self-create& 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Authorizations have been issued by the New York State Department of Environmental Conservation and the Southold Town Board of Trustees concerning this reques[ Page 2 - dune 20,. 2002 ZBA Appl. Nb. 5125 ~ d.' Parcel 1000- 78-~2-'10~ at Southold 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an addition and alterations, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF TIlE BOARD: In considering all of the above factors, and:applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Member , and duly carried,'to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action! Vote of the Board: Ayes: Members Goehri er (Ch duly adopted (5-0)~ ng GG:lk/vo _ ffrard P. Goehringer, Chairn6in ~ APPEALS BOARD MEMBERS Gerard P. Goehringer Chairman Lydia A, Tortora George Homing ~' Ruth D. Oliva x ~.'~_. ~? Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O, Box I179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone t 631) 765-1809 http: 'southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20. 2002 Appl. No. 5124 - Helen Sakatos a/k/a Eleni Sakatos 15.-7-8, 12 STREET & LOCALITY: Plum Island Lane and Three Waters Lane, Orient DATE OF PUBLIC HEARING: June 20. 2002 PROPERTY FACTS/DESCRIPTION: The vacant property (15-7-8) that applicant wishes to unmerge consists of 19,502 sq. ft. and 118 ft. of frontage along Plum Island Lane, and shown as Lot 147 on the Map of Odent by the Sea, Section Two. The adjacent property that remains (15-7-12) is 12,500+- sq. ft., improved with a dwelling, to the east along Three Waters Lane, and shown as Lot 42 on the Map of Orient by the Sea. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated January 2, 2002. The reason for the Disapproval is that there the two lots have merged under Section 100-25 of the Zoning Code. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26 to unmerge Lot No. 15-7-8 (Orient By the Sea Lot 147) from 15-7-12 (Orient By the Sea Lot 42). Findings of Fact The Zoning Board of Appeals held a public hearing on this matter on June 20. 2002, at which time written and oral evidence were presented REASONS FOR BOARD ACTION: Based on all testimony, documentation, personal observations by members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant. I The title search, prepared by Fidelity National Title Insurance Co. indicates that John Sakatos acquired CTM Lots 8 and 12 on May 25, 1979. 2. Lots on the Map of Orient by the Sea remained acceptable under the merger previsions up until January 1, 1997, when the merger law was revised under Article II of the Zoning Code. 3. On January 6, 2001. John Sakatos conveyed both Parcels to Helen Sakatos a/k/a Eleni Sakatos. 4. In considering this application, the Board believes that the "original lot lines" of these two lots was established by agency approvals under the filing of the Map of Orient By the Sea. All of the property lines remained intact from their creation to the present time. 5. Many lots in the neigi~borhood are developed with single-family residences on lots similar in size to CTM Lots 8 and 12. Grant of a Waiver of Merger would recognize a lot consistent with the size of lots in this area. Page 2~ June 20, 2002 ZBA Appl. No. 5124 - Helen Sakatos 15-7-8. 12 at Orient RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Member Oliva. seconded by Member Tortora. it was RESOLVED. to GRANT the Waiver of Merger as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, H. orning, Oliva, and Orlando. This Resolution was duly adopted (5-0). ,~~ ~ Gerard P Goehrnger:, Chairman 7-/~,-02 ~'T-~- Page 8 - Minutes Meeting held June 20. 2002 Southold Town Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The next meeting was confirmed for the July 11, 2002 Special Meeting for carryover deliberations/decisions, and other applications, updated at that time. B. New Hearings/Regular Meeting Date were confirmed for the July 25, 2002 Regular Meeting. V. There was no Executive Session held, and this item was removed from the agenda by the Chairman. Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at 11:15 p.m. Respectfully submitted, Lihda Kowalski 7-25-02 Att nger, Chairm an